Reflect On Criminalization Of The Behavior Of The Disturbing Public Order

With the implementation of?The Criminal Law Amendment Nine?,"actiong of disturbing medical order" is under the crimial law,it is the begining that the use of criminal force to protect medical order.This reflects a basic theory of criminal law,that is,the problem of criminalization.The purpose of criminal law is to protect legal interests,but the basic reason for the behavior is regarded as crimes,should focus on the legal protection of medical order.The collective legal interests of the medical order behind our research is less,the argument of "monism" and "dualism",let us have a clear understanding of the collective interests,collective interests to restore individual legal interests,the public order is closely reduced to the interest of the subject under this order for avoiding excessive abstraction,which led to the fuzzy boundaries of the crime circle.On the basis of the understanding of collective legal interests,we discuss the basic connotation of public order,study what kind of order is the real collective legal interests,and the need for the protection of criminal law.On this basis,combined with China's criminal law provisions statements counts characteristics,the limit of "serious action",analysis of the relationship between the degree of infringement of collective interests and the criminal penalties,clear boundary between crime and non crime.In line with the nature of the different behavior which relates to different types of legal interests to find the distinction between the crime and other crime.We study the mob' behavior to disturb medical order,clear whate is the criminal law really to protect,the applicable subjects,the space,behavior of regulation.Therefore,we also reflect on the criminal legislation of our country that make criminal law deal with the social changes and demands.In the face of the criminalization of irreversible trend,we should be vigilant to avoid the overcriminalization,avoid the crime circle to expand optionally.At the same time,we should also think of our criminal legislation technology,self consistency and integrity of the logic of criminal law should be remained in the legislative process,And doing our utmost to guarantee the scientific legislation,the maintenance of criminal law authority,to promote the construction of the rule of law.